Findings - PZ - 2012 - A-03-12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12 - Rz From Rut To R3-Da-P/Lanewood Pud/90-Lot/40.2 Acre BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
FOR AN ANNEXATION,REZONE WITH )
DEVELOPMENT AGREEMENT, CONDITIONAL )
USE PERMIT,PRELIMINARY DEVELOPMENT )
PLAN,AND PRELIMINARY PLAT FOR THE )
LANEWOOD PLANNED UNIT DEVELOPMENT )
FOR SCS KIMBERLAND,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-03-12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12
The above-entitled annexation, rezone with development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle Planning and Zoning
Commission for their recommendation on October 1, 2012. The Commission, having heard and taken
oral and written testimony, and having duly considered the matter, makes the following Findings of Fact
and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
SCS Kimberland, LLC, represented by Shawn Nickel with SLN Planning, is requesting a
rezone from RUT (Rural-Urban Transition — Ada County designation) to R-3-DA-P
(Residential up to three units per acre with a development agreement—PUD), conditional
use, preliminary development plan, and preliminary plat approvals for Lanewood Planned
Unit Development, a 90-lot (80 buildable and 10 common) residential subdivision. The
40.2-acre planned unit development is generally located on the northwest corner of North
Linder Road and West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, Wednesday, June 13, 2012, in
compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on July 27, 2012.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on September 14, 2012, in the Idaho Statesman and
on September 17, 2012, in the Valley Times. Notice of this public hearing was mailed to
property owners within three-hundred feet(300-feet) of the subject property in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
September 11, 2012. Requests for agencies' reviews were transmitted on July 31, 2012 in
accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on September 14,2012.
D. HISTORY OF PREVIOUS ACTIONS:
On July 11, 2007, the Ada County Board of County Commissioners approved a rezone
with development agreement, planned unit development, and preliminary plat for
Lanewood Estates Planned Unit Development (of which the subject property is a portion
of)(Ada County File# 200700017—S/ZC/PUD/DA).
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E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter date stamped by the City on July 27, 2012, attached to
the staff report and incorporated herein by reference.
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter date stamped by the City on July 27, 2012, attached to
the staff report and incorporated herein by reference.
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two (up RUT(Ada County Agricultural
to two units/acre) Designation)
Proposed No Change R-3-DA-P(Residential Single-Family,Residential
maximum three units/acre Planned Unit Development
with a development
agreement and a planned
unit development)
North of site Residential Two(up RUT(Ada County Single-Family Residence
to two units/acre) Designation) and Agricultural
South of site Residential Two(up R-2-DA-P(Residential Legacy Development
to two units/acre) maximum two units/acre (Mosca Seca Subdivision)
with a development
agreement and a planned
unit development)
East of site Residential Two(up RUT(Ada County Agricultural
to two units/acre) Designation)
West of site Residential Two(up RUT(Ada County Agricultural
to two units/acre) Designation)
DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA.
J. SITE DATA:
Total Acreage of Site—40.2-acres
Total Number of Lots—90
Residential—80
Commercial—0
Industrial—0
Common— 10
Buildable with Non-build agreement—2
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Total Number of Units-
Single-family—80
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—70.7-acres (consisting of two(2)parcels)
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.99-dwelling units per acre Up to two (2)units per
2.04-dwelling units per acre acre maximum
(inclusive of build/non-build
lots)
Minimum Lot Size 8,519-square feet 10,000-square feet
(Except that a decrease of
minimum lot size in a
subdivision may be
allowed if there is an
offsetting increase of the
same square-footage in
open space and a planned
unit development is
applied for and approved-
per ECC Section 8-6-5-5
[A]).
Minimum Lot Width 70-feet(Lot 7,Block 1) 75-feet(minimum)
Minimum Street Frontage 30-feet(Lot 7, Block 1) 35-feet(minimum)
Total Acreage of Common Area 6.74-acres 8.05-acres(minimum)
Open Space
Percent of Site as Common Area 16.34% 20%
Open Space Except that, according to
ECC Section 9-3-8 (C)the
City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
K. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on September 12, 2012, shows a 24-foot
wide common lot located adjacent to West Floating Feather Road and a 37-foot wide
common lot located adjacent to North Linder Road. West Floating Feather Road is
designated as a minor arterial and North Linder Road is designated as a principal arterial.
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Pursuant to Eagle City Code Section 8-2A-7 (J) (4) (b and c) a 50-foot wide landscape
strip is required adjacent to minor arterials and a 75-foot wide landscape strip is required
adjacent to principal arterials to screen adjacent incompatible features such as highways,
railroads, commercial or industrial uses from proposed residential properties.
Open Space:
A total of 6.74-acres (16.74%) of common area is proposed within the planned unit
development. The common area is a combination of linear pathways, road buffer areas,
and street landscape islands. A minimum of 20% open space is required within a planned
unit development. Planned unit developments that contain lots that are smaller than the
minimum lot size may be allowed if there is an "offsetting increase" of same square
footage in open space and a favorable findings is made by the Council that the smaller lots
are appropriately integrated into the design and that the building product type is
compatible with the PUD and surrounding area. The initial starting point for minimum
open space, prior to any "offsetting increase" being added, shall be the area equal to ten
percent (10%) of the site, however, the total open space shall be equal to or greater than
twenty percent(20%), inclusive of the"offsetting increase"square footage.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility and drainage easements to be not less than
12 feet in width. The applicant provided a preliminary plat, date stamped by the City on
September 12, 2012, which contains separate plat notes that reference the front and rear
property lines have a 12-foot wide utility easement. The preliminary also contains a
separate plat note referencing that side lot line easements have a 6-foot wide public
utilities, property drainage, and property irrigation easement.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System(yes or no)—No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
L. STREET DESIGN:
Private or Public Streets:
The applicant is proposing to construct two (2) roadway cross sections: one roadway
access point from West Floating Feather Road will be provided for this development to be
constructed using a 77-foot wide road section inclusive of a 20-foot wide planter dividing
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the two lanes. Each lane will be 23-feet wide.
The local roadways within the development will be a 34-foot wide roadway section (as
measured from back of curb to back of curb) with an eight-foot (8') wide landscape
planter strip located on each side of the roadway.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
A 610-foot long cul-de-sac is proposed with a radius of 50-feet of right-of-way.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips
located on both sides of all interior roadways, including the main entrance from West
Floating Feather Road. The applicant is also proposing a detached five-foot (5') wide
concrete sidewalk to be located adjacent to North Linder Road and West Floating Feather
Road.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street names should be approved by the Ada County Street Names Committee prior to
submittal of a final plat application.
M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided throughout the development through a detached
sidewalk system located adjacent to the interior streets and through a multi-purpose
pathway system located within the open space design.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
N. PUBLIC USES PROPOSED:None proposed
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—no
Riparian Vegetation—no
Steep Slopes—no
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Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—no
Wildlife Habitat—no
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
U. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letters dated August 15, 2012, and September
17, 2012, are of special concern(attached to the staff report and incorporated herein by reference).
Ada County Highway District — Indicated that they will be requiring additional right-of-way
adjacent to West Floating Feather Road and North Linder Road to accommodate widening of the
roads and the future construction of a dual lane roundabout. The report also included
requirements for the improvement of West Floating Feather Road and North Linder Road,
interior streets, stub streets, and sidewalk design requirements.
Boise River Flood Control District No. 10 — Indicated the property lies outside of the Flood
Control District's jurisdictional boundary.
Central District Health Department—Indicated that central water and central sewage services will
be required
Eagle Fire Department — Indicated that they have no opposition to the application provided the
applicant complies with the conditions of approval of the Eagle Fire Department
Joint School District No. 2 (Meridian School District): - Indicated that the school district is
already operating beyond capacity. The letter also indicated that development will create the need
for $66,400 in revenue to help purchase a school site. The school district also requested that the
developer provide safe walkways, bike paths, and safe pedestrian access for the students.
Idaho Department of Lands —Indicated that the proposed development will not impact any State
Trust Lands.
Idaho Transportation Department—Indicated that ITD has no objection to the application.
Middleton Irrigation Association and Middleton Mill Ditch Co. — Indicated that the proposed
development is located outside of their service area.
United Water Company — Indicated that they have met with the representatives of Lanewood
Eagle, LLC, and have agreed to provide water service to the proposed residential subdivision.
The email correspondence also indicated that the requested rezone does not change United Water
of Idaho's ability to serve the proposed project.
R. LETTERS FROM THE PUBLIC:None received to date.
S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has not provided a proposed time schedule for the completion of the
development.
T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
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community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer, and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided
in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
In cased of large—scale PUDs (incorporating fifty(50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space,recreation,maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development
has been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the
following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 2 units per 1 acre.
6.4 Land Use Goals
A. Preserve the rural transitional identity of the City of Eagle.
6.5 Land Use Objectives
A. To encourage the conservation and preservation of open spaces, sensitive habitat for plant and
wildlife species, and unique areas based on diverse values within the City of Eagle
E. To encourage the conservation and preservation of open spaces, sensitive habitat for plant and
wildlife species, and unique areas based on diverse values within the City of Eagle
6.6 Land Use Implementation Strategies
S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including
large lot subdivisions.
W. Use smaller planning areas to help guide development in the western planning area.
6.8.2 Village Planning Area
The Village Planning Area is designed to provide flexibility of design while also ensuring
compatibility to existing large lot residential uses and transitional density as development
approaches Homer Road and the Foothills. This area is not intended to be master planned but does
require great care in planning to ensure that uses are compatible and that the Village Center serves
as an anchor of the area and is not taken over by residential uses.
A. Uses/Design
The land use and development policies specific to the Village Planning Area include
residential, commercial, retail, civic, research and development park, corporate and/or
educational campus, hospitality and office uses. Non-residential uses will be focused in the
Village Center.
2. Residential Areas:
b. Decreasing densities should be allowed as the area radiates out of the village center.
The overall densities in the Village Planning Area outside of the village center shall
average 1-2 units per acre to the south of Beacon Light Road. Residential densities
north of Beacon Light should be 1-2 units per acre transitioning (feathering and
clustering) to the north and east ensuring compatibility with existing residential and
foothills development.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street), substantially
open to the sky, exclusive of streets, commercial and residential buildings, and shall be designated and
intended as a usable and convenient amenity for the residences of any proposed development.
OPEN SPACE, ACTIVE: Common area which includes,but is not limited to, athletic fields,buildings
or structures for recreational activities including picnic areas, community garden, courses or courts,
children's play area, dog play area, and pathways, excluding passive open space areas. Landscape
buffer areas not required pursuant to subsection 8-2A-7J of this title may be considered, in part, as
active open space provided a pathway or other active amenity is located within and incorporated into
the buffer area. Up to fifteen percent (15%) of the total area of water bodies (i.e., ponds) within a
development may be considered active open space provided there is a finding that the ponds employ
active recreation capabilities such as fishing,rafting, canoeing, and the like.
• Eagle City Code Section 8-1-2: Open Space, Passive:
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer
areas required pursuant to subsection 8-2A-7J of this title (including the sidewalk within the buffer
area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies,
excluding active open space areas.
• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements:
Minimum
Lot Area
Maximum Lot (Acres Or Minimum
Zoning Maximum Interior Street Covered F And Square Feet) Lot
District Height Front Rear' Side Side J* H* Width I*
R-2 35' 30' 30' 10' 20' 40% 17,000 75'
R-3 35' 30' 25' 7.5' 20' 40% 10,000 75'
• Eagle City Code Section 8-2A-7 (J)(4)(b): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions and
multi-family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially dangerous,
high speed roads. The "buffer area" shall be defined as a common lot located between the
residential lots within the subdivision and the right of way line of the adjacent roadway. This
buffer is required as part of the common area open space owned and maintained by a
homeowners' association. Any landscaping proposed to be within the public right of way shall not
be included as a part of the buffer area required below. The height for berming/fencing, as noted
below, shall be measured from the elevation of the final grade of the adjacent roadway(measured
at the centerline) to the top of the proposed berming/fencing. The required buffer area width,
plantings,and fencing are as follows:
b. Any road designated as a minor arterial on the transportation and pathway network plan in the
Eagle comprehensive plan:
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A minimum of fifty feet(50')wide buffer area(not including right of way)shall be provided
with the following plants per one hundred(100)linear feet of right of way: five(5)shade
trees, eight(8)evergreen trees,three(3)flowering/ornamental trees, and twenty four(24)
shrubs. Each required shade tree may be substituted with two(2)flowering/ornamental trees,
provided that not more than fifty percent(50%)of the shade trees are substituted.
A minimum five foot(5')high,maximum eight foot(8')high,berm, decorative block wall,
cultured stone,decorative rock, or similarly designed concrete wall,or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3')horizontal distance to one foot(1')vertical distance. If a decorative block wall,cultured
stone, decorative rock,or similarly designed concrete wall is to be provided, in combination
with the berm,a four foot(4')wide flat area shall be provided for the placement of the
decorative wall. Chainlink,cedar, and similar high maintenance and/or unsightly fencing shall
not be permitted.
c. Any road designated as a principal arterial on the transportation and pathway network plan in
the Eagle comprehensive plan:
A minimum of seventy five feet(75')wide buffer area(not including right of way)shall be
provided with the following plants per one hundred(100) linear feet of right of way: six(6)
shade trees,ten(10)evergreen trees, four(4)flowering/ornamental trees, and twenty four
(24)shrubs. Each required shade tree may be substituted with two(2)flowering/ornamental
trees,provided that not more than fifty percent(50%)of the shade trees are substituted.
A minimum ten foot(10')high,maximum twelve foot(12')high,berm,decorative block wall,
cultured stone,decorative rock, or similarly designed concrete wall, or combination thereof
shall be provided within the buffer area. The maximum slope for any berm shall be three feet
(3')horizontal distance to one foot(1')vertical distance. If a decorative block wall,cultured
stone, decorative rock,or similarly designed concrete wall is to be provided, in combination
with the berm, a four foot(4')wide flat area shall be provided for the placement of the
decorative wall. Chainlink,cedar,and similar high maintenance and/or unsightly fencing shall
not be permitted.
• Eagle City Code Section 8-6-1: Planned Unit Developments: Purpose, Goals, and Objective:
A. Purpose: The purpose of this chapter is to establish clear development standards that will
achieve the city of Eagle's vision for development as presented in the Eagle comprehensive
plan. The standards will be designed to create livable communities that provide exemplary
open spaces and recreational opportunities,that encourage a diversification of housing types,
styles and living options for a wide range of income levels and lifestyles, and thereby enhance
the living experience within the city of Eagle.
B. Goals: To provide guidance and establish expectations for development within the city of
Eagle. The PUD provides clear standards and options for development within the city
including lot sizing, open space and the diversification of housing types.
C. Objective: To guide land development and construction through the planned unit development
(PUD)to achieve the following:
1. A maximum choice of living environments by allowing a variety of housing and building
types, lot dimensions,yards,building setbacks and area requirements;
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2. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, office uses and
services;
• Eagle City Code Section 8-6-2: Effects of Other Zoning:
A. Whenever there is a conflict or difference between the provisions of this chapter and those of
the other chapters of this title,the provisions of this chapter shall prevail. Subjects not covered
by this chapter shall be governed by the respective provisions found elsewhere in this title.
B. In addition to the requirements of this chapter,planned unit developments shall also be subject
to the requirements set forth in chapter 2, article A, "Design Review Overlay District",of this
title;title 10, chapter 1, "Flood Control Regulations",of this code; and title 9, "Land
Subdivisions", of this code.
• Eagle City Code Section 8-6-5-2: Common Area Open Space:
A. Required Common Area Open Space: A minimum of twenty percent (20%) of the gross land
area developed in any residential PUD project shall be reserved for common area open space
and recreational facilities for the residents or users of the area being developed.
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be
allowed if there is an "offsetting increase" of the same square footage in open space and a
favorable finding is made by the council that the smaller lots are appropriately integrated into
the overall design and that the building product type is compatible with the PUD and
surrounding area.
As an incentive to submit a PUD versus a standard subdivision,the initial starting point for
minimum open space,prior to any"offsetting increase" being added, shall be the area that is
equal to ten percent(10%)of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent(20%),
inclusive of the "offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting,visual focal points,use of existing physical features such as topography,view,
sun and wind orientation,circulation pattern,physical environment,variation in
building setbacks and building grouping(such as clustering); and
c. Design features, street sections, architectural styles,harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under
section 8-2-4 of this title.
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• Eagle City Code Section 8-6-6-2: Preliminary Development Plan:
A. Application For Preliminary PUD: An application for preliminary PUD shall be filed with the
administrator by a property owner or person having existing interest in the property for which the
PUD is proposed. At a minimum, the application shall contain the following information filed in
triplicate:
7. A preliminary development plan, at a scale approved by the zoning administrator, showing:
g. Layout and dimensions of lots and building setback lines;
8. Proposed schedule for the development of the site;
C. Approval In Principle Of Preliminary Development Plan:
1. The commission shall review the preliminary development plan to determine if it is
consistent with the intent and purpose of this title; whether the proposed development
advances the general welfare of the community and neighborhood and whether the
benefits, combination of various land uses and the interrelationship with the land uses in
the surrounding area justify the deviation from standard district regulations and its
recommendation to the council. The commission's recommendation in principle of the
preliminary development plan shall be necessary before an applicant may submit a final
development plan. Approval in principle shall not be construed to endorse a precise
location of uses, configuration of parcels or engineering feasibility.
2. The council shall consider all provisions of this chapter including the general standards
applicable to conditional use permits and criteria for conditional uses before approving in
principle a preliminary development plan. The council may, upon the finding that unique
or special circumstances exist with regard to the preliminary development plan, consider
specific deviations from the requirements of this chapter provided conditions are placed on
the PUD to assure that it will be designed and operated in accordance with goals and
objectives of this chapter.
• Eagle City Code Section 8-7-3: Conditional Use Permit:
8-7-3-2: General Standards for Conditional Uses:
The commission/council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the
zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the comprehensive plan and/or this title;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighboring uses;
E. Will be served adequately by essential public facilities and services such as highways, streets,
police and fire protection, drainage structures, refuse disposal,water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be able
to provide adequately any such services;
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F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes,materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic,noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which shall be so designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
LARGE SCALE DEVELOPMENT: A subdivision, the size of which consists of fifty(50)or more
lots or dwelling units.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally
includes streets, sidewalks and other public utilities or service areas.
• Eagle City Code Section 9-2-3: Preliminary Plat:
C. Required Information And Data:
1. The contents of the preliminary plat and related information shall be in such a form as
stipulated by the city council; however, any additional maps or data deemed necessary by
the administrator may also be required.
3. The following shall be submitted separately:
f. A map of the entire area scheduled for development if the proposed subdivision is a
portion of a larger holding intended for subsequent development. A map shall be
submitted showing the location of existing buildings, water bodies or courses and the
location of currently dedicated streets at the point where they adjoin and/or are
immediately adjacent; provided,that actual measured distances shall not be required;
• Eagle City Code Section 9-3-1: Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements and
facilities done, constructed or made in accordance with said provisions shall comply with the
minimum design standards set forth in this chapter and with all applicable requirements set forth in
title 8, chapter 6, "Planned Unit Developments", of this code; provided, however, that any higher
standards adopted by any highway district, the Idaho transportation department or health agency
shall prevail over those set forth herein.
• Eagle City Code Section 9-3-5: Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from
the standards within section 8-2-4 of this code may be considered as part of the planned unit
development.
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• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines. Total easement width shall not be less than twelve feet(12'), except that lesser easement
widths,to coincide with respective setbacks, may be considered as part of the planned unit
development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet(12'), except that lesser
easement widths,to coincide with respective setbacks,may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-8: Public and Open Spaces:
C. Special Development: In the case of planned unit developments and large scale developments, the
city council may require sufficient public and/or private park or open space facilities of acceptable
size, location and site characteristics that may be suitable for the proposed development.
D. Common Area Open Space:
4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space
who is responsible for maintaining the open space and facilities located thereon. If a
homeowners'association is the owner, membership in the association shall be
mandatory and automatic for all homeowners of the subdivision and their successors.
If a homeowners'association is the owner,the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the
owner.
b. Management Plan: Applicant shall submit a plan for management of open space and
common facilities(plan)that:
(1) Allocates responsibility and guidelines for the maintenance and operation of the
open space and any facilities located thereon, including provisions for ongoing
maintenance and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for,the open space and outlines the means by which
such funding will be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
• Eagle City Code Section 9-3-9: Water System:
The provision of a public water system shall conform to the following standards:
A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter 5 of
this code.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
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required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted within the above designated areas. A section within the
subdivision CC&Rs shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
B. Location:
2. In addition, pathways may be required to connect sites other than those noted above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel
alongside a designated arterial roadway, or other roadway that may be hazardous for
nonmotorized forms of travel, in order to reach the desired destination
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways,the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet (8') wide and shall be located within a
sixteen foot(16') wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located
within a twenty foot(20')wide pedestrian access easement.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from both
edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners' association unless accepted by a public entity. The
five foot (5') wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet(2')wide(as measured from the edge of asphalt to the easement line)
when used in conjunction with a meandering pathway, however, the total width of the
landscape area shall not be less than ten feet(10')(i.e., 2 feet on one side of the path and 8
feet on the other). For safety purposes, planting material in this area is limited to three feet
(3') in height. The landscape, fence and building regulations for this area shall be indicated
by a note on the plat.
6. In order to design for crime prevention,the following design standards will be followed:
a. The use of"see through", open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. Solid fencing is
prohibited.
E. Responsibility: The following provisions are intended to provide guidance to those entities that
are responsible for construction, maintenance and/or liability for a pathway. Installation costs,
which may include construction of the paved path, are the responsibility of the developer.
1. Homeowners'Association:
a. Pathway systems within a proposed subdivision providing access to private common
space and/or other amenities that are used solely by the residents of a subdivision shall
be the responsibility of the homeowners'association.
b. Where the residents of a subdivision will be the primary beneficiaries of a pathway,
and travel from adjoining neighborhoods will be minimal, a homeowners'association
may be required to take responsibility for that path.
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• Eagle City Code Section 9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for the
protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall
show the location of all buffer areas.
• Eagle City Code Section 9-5-4: Planned Unit Development:
A planned unit development is a mechanism by which the city may permit a variety in type,
design, and arrangement of structures; and enable the coordination of project characteristics with
features of a particular site in a manner consistent with the public health, safety and welfare. A
planned unit development allows for innovations and special features in site development,
including the location of structures, conservation of natural land features, conservation of energy
and efficient utilization of open space. Large scale developments as defined herein shall be
submitted as planned unit developments.
• Eagle City Code Section 9-5-4-2: Site Development Plan:
The developer shall provide a colored rendering to adequate scale to show the completed
development that will include at least the following:
A. Architectural style and building design;
B. Building materials and color;
C. Landscaping, including existing trees;
D. Screening;
E. Garbage areas;
F. Parking;
G. Open space; and
H. Open fencing.
• Eagle City Code Section 9-5-5: Large Scale Development Subdivision;Required Information
Large scale development subdivisions proposed within the R-2, R-3, R-4, and MU zoning districts
shall be submitted as planned unit developments. Due to the impact that a large scale development
would have on public utilities and services,the developer shall submit the following information
along with the preliminary plat:
A. Identification of all public services that would be provided to the development including, but
not limited to, fire protection,police protection, central water, central sewer, road construction,
parks and open space, recreation, maintenance, schools and solid waste collection;
B. Estimate of the public service costs to provide adequate service to the development;
C. Estimate of the tax revenue that will be generated from the development; and
D. Suggested public means of financing the services for the development if the cost for the public
services would not be offset by tax revenue received from the development.
D. DISCUSSION:
• The Eagle Comprehensive Plan designates the property as Residential Two with a density not to
exceed two (2) units per acres. As described in the Comprehensive Plan the Residential Two areas
are suitable primarily for single family residential development within areas that are rural in
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character. The applicant has submitted an annexation, rezone, preliminary development plan and
conditional use permit for a planned unit development, and preliminary plat applications for
Lanewood Planned Unit Development, which consists of 40.26-acres located on the northwest
corner of North Linder Road and West Floating Feather Road. The applicant is requesting a R-3-
DA-P (Residential — up to three (3) units per acre with a development agreement— PUD) zoning
designation which has a 10,000-square foot minimum lot size. As described in the applicant's
narrative, date stamped by the City on July 27, 2012, the applicant is requesting a development
agreement to allow for a range of lot sizes and building opportunities that cannot be obtained
under a R-2 (Residential — up to two (2) units per acre) zoning designation to allow for flexibility
in design while still maintaining the maximum density of the proposed development at two (2)
units per acre. The applicant is proposing the development to have 80-buildable lots with a density
of 1.98-dwelling units per acre.
• The applicant's narrative, date stamped by the City on July 27, 2012, indicates that the subject
property was approved for a similar residential development in 2007 by the Ada County. On July
11, 2007, the Ada County Board of County Commissioners (BOCC) approved a rezone with
development agreement, planned unit development, and preliminary plat for Lanewood Estates
Planned Unit Development (Ada County File # 200700017 — S/ZC/PUD/DA). The Lanewood
Estates Planned Unit Development consisted of a 426-lot (381-buildable, 45-common) residential
development and was located on 190.5-acres. The previous developer started construction of the
first phase of the Lanewood Estates Subdivision. Due to the economic downturn construction of
the first phase of Lanewood Estates Subdivision ceased and the preliminary plat subsequently
expired. The applications submitted to the city as Lanewood Planned Unit Development consists
of a 40-acre parcel that contains the area where the construction of the first phase of Lanewood
Estates Planned Unit Development had previously commenced. A special warranty deed was
submitted by the applicant that included exhibits referencing the subject property and two (2)
additional parcels. Those parcels consist of a total of 110.7-acres of which 40.26-acres are a
subject of this application.
• The preliminary plat, date stamped by the City on September 12, 2012, shows 80 single-family
residential lots ranging in size from 8,587-square feet to 21,074-square feet in size. The
preliminary plat also shows two (2) lots (Lot 5, Block 4 and Lot 3, Block 5) which are labeled as
"Buildable with Non-Build Agreement." These two (2) lots are 13,903-square feet and 55,996-
square feet respectively. The preliminary plat indicates that the residential gross density of the
development is 1.98 (sf lots/total acres). The residential gross density is calculated based on the
total number of single-family lots divided by the total acres (40.26) of the property and does not
include the two (2) buildable lots with non-build agreement. The residential gross density of the
project with the buildable with non-build agreement lots included is 2.04 (sf lots/total acres).
Although the applicant and staff have discussed the intentions of the applicant regarding the
buildable with non-build agreement lots the applicant has not provided any documentation or an
agreement to indicate what their intention is regarding those lots. Also, if they are buildable lots
and included within the preliminary plat they should also be included within the density
calculation. As previously noted this area is designated Residential Two within the Comprehensive
Plan. The density permitted within areas having a Residential Two designation is up to two (2)
units per acre maximum. The applicant should provide a revised preliminary plat showing two (2)
residential lots removed prior to the submittal of a final plat application.
• The preliminary plat, date stamped by the City on September 12, 2012, notes that there are 7.94-
acres of open space. Based on 40.26-acres of developable land this equates to 19.7% of open
space. Pursuant to Eagle City Code a planned unit development requires 20% open space. The
noted open space consists of six (6)common lots totaling 4.52-acres in area,two(2)future R-O-W
lots—landscape totaling 1.36-acres in area, and the planter landscape areas adjacent to each side of
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the street totaling 2.06-acres. While the future right-of-way lots may be landscaped pursuant to
Eagle City Code dedicated right-of-way is not calculated into the open space percentage. Based on
removing the right-of-way lots the total open space is 6.74-acres, which is 16.34% of the overall
development.
The applicant is proposing an offsetting increase in open space based on a 10,000-square foot lot
size to allow for the reduction of lot sizes. Pursuant to Eagle City Code, a reduction in lot size
below the minimum lot size requirement may occur if there is an offsetting increase of the same
square-footage in open space and a planned unit development is applied for and approved.
Pursuant to Eagle City Code the total common area open space shall be equal to or greater than
20%, inclusive of the "offsetting increase" square footage. As noted previously, the total open
space provided equals 16.34% of the development. The applicant should provide a revised
preliminary plat showing a minimum total of 20% open space and the open space total should
exclude any future right-of-way lots. The revised preliminary plat should be provided prior to
submittal of a design review application.
• The Lanewood Subdivision (Planned Unit Development) P.U.D. Site Plan S1.0, date stamped by
the City on September 12, 2012, shows 1) concept plan for the development, 2) a typical play
structure, 3) a six-foot (6') high vinyl privacy fence inclusive of a two-foot (2') high lattice, 4)
typical entry signage, and 5) five (5) single-family dwelling elevations. Any proposed single-
family dwellings should be constructed in substantial conformance with the architectural styles
shown on the Lanewood Subdivision P.U.D. Site Plan S1.0, date stamped by the City on
September 12, 2012.
• The preliminary plat date stamped by the City on September 12, 2012, shows Lot 7, Block 1, with
30-feet of street frontage and a 70-foot wide lot width as measured between side lot lines at a point
midway between the front and rear lot lines. Pursuant to Eagle City Code the minimum required
street frontage is 35-feet in width and the minimum required lot width is 75-feet. The applicant
should provide a revised preliminary plat showing Lot 7, Block 1, modified to show 35-feet of
street frontage and a 75-foot wide minimum lot width. The revised preliminary plat should be
provided prior to the submittal of a design review application.
• The Lanewood Subdivision (Planned Unit Development) P.U.D. Site Plan L1.0, date stamped by
the City on September 12, 2012, shows that the applicant is proposing a six-foot(6')high(4' solid
with 2' lattice) vinyl fence to be located adjacent to the common areas. Pursuant to Eagle City
Code Section 9-3-10, any fence located adjacent to common area open spaces and on the street
side of all corner lots shall be an open fencing style such as wrought iron or other similar
decorative style, durable fencing material. The applicant should provide a revised Site Plan L1.0,
showing all fencing located adjacent to a common area to be open style fencing, prior to
submitting a design review application.
• The preliminary plat date stamped by the City on September 12, 2012, shows a common lot
located adjacent to a 23-foot wide future right-of-way lot. The future right-of-way lot is located
adjacent to North Linder Road and West Floating Feather Road. The preliminary plat shows the
common lot to be 37-feet in width located adjacent to the eastern boundary (North Linder Road)
and 24-feet in width located adjacent to West Floating Feather Road. The 2035 Planning
Functional Classification Map shows that North Linder Road is classified as a principal arterial
and West Floating Feather Road is classified as a minor arterial. Pursuant to Eagle City Code
Section 8-2A-7(J)(4)(b-c), the buffer area located adjacent to North Linder Road is required to be
75-feet in width and the buffer area located adjacent to West Floating Feather Road is required to
be 50-feet in width. The applicant should provide a revised preliminary plat showing a 75-foot
wide common lot located adjacent to the future right-of-way lot located at the eastern boundary of
the subdivision. The revised preliminary plat should show a 50-foot wide buffer area located
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adjacent to the future right-of-way lot located at the southern boundary of the subdivision. The
revised preliminary plat should be provided prior to the submittal of a design review application.
• The Lanewood Subdivision (Planned Unit Development) P.U.D. Site Plan S1.0, date stamped by
the City on September 12, 2012, shows a pathway located on two(2)common lots(Lot 1,Block 2,
and Lot 21, Block 2). Neither the site plan nor the preliminary plat shows a cross section of the
proposed pathway. It appears the pathway may be approximately five-feet (5') in width. Pursuant
to Eagle City Code, micropathways within subdivisions which are designed for primary use by the
residences of the subdivision are to be a minimum of eight-feet (8') wide. The applicant should
provide a revised Site Plan S1.0 showing the pedestrian pathway Lot 1, Block 2 and Lot 21, Block
2 to be a minimum of eight-feet(8') in width prior to the submittal of a design review application.
• Pursuant to Eagle City Code Section 9-3-5, lots within any subdivision shall comply in all respects
with the "Official Height and Area Regulations" as set forth in Section 8-2-4. The proposed
setbacks as shown on the Site Plan, L1.0, date stamped by the City on September 12, 2012, shows
the following setbacks for lots within this development:
Front 20-feet
Rear 20-feet
Interior Side 5-feet
Street Side 20-feet
Minimum Roadway Frontage 75-feet
Minimum Roadway Frontage
on Knuckle or Cul-de-Sac 55-feet measured 50-feet back from front p/1 except Lot7,Block 1
Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-3
(residential—up to three units per acre):
Front 30-feet*
Rear 25-feet
Interior Side 7.5-feet,two-story 12.5-feet
Street Side 20-feet
Minimum Roadway Frontage 35-feet
Maximum Lot Coverage 40%
* A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5-foot
reduction in the minimum required front yard setback provided that the distance in no less than 20-
feet.
It is staff's opinion that only the front and interior side setbacks should be reduced for lots less
than 12,000-square feet in size due to the lot configuration (lot width of 80-feet). The following
setbacks and maximum coverage for this development should be required:
Setbacks: Lots>12,000 square feet Lots< 12,000 square feet.
Front 30' 25' (measured from property
line)
Rear 25' 25'
Interior Side 7.5' (two-story 12.5') 5'(per story)
Street Side 20' 20'
Maximum Coverage 40% 40%
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The preliminary plat also shows a typical street section showing the sidewalk to be located within
the residential lot and outside of the right-of-way. The smallest lot proposed in the Lanewood
Planned Unit Development is 8,587-square feet. Based on the staff recommended setbacks for the
R-3 zoning district and the most restrictive setback based on the submitted home elevations a
property owner could construct a residential dwelling with a building footprint 3,250-square feet in
size. If the home owner proposed a side entry garage they could construct a dwelling with a
building footprint of 3,575-sqaure feet. Based on the maximum lot coverage of 40% for the subject
lot the maximum building footprint would be 3,434-square feet in size, therefore the proposed
reduction of setbacks would not allow for an increase in the size of the structure.
• Plat note #2 of the preliminary plat date stamped by the City on September 12, 2012, indicates
that, "Each side of interior lot lines have a six (6) for wide public utilities, property drainage, and
property irrigation easement unless dimensioned otherwise. Said drainage and irrigation easements
are reserved for homeowners association or assigns." The preliminary plat also shows that Lot 18
and Lot 19, Block 1, contain the central water and central sewer lines located adjacent to each of
the northern side property lines. The central water line and the central sewer line are the main lines
that provide services for the entire development. The applicant has requested that the easements
located adjacent to the interior side lot lines be 10-feet in total width. Staff recommends that lots
less than 12,000-square feet in size be permitted to have a five-foot (5') wide side yard setback.
The applicant should be required to submit a revised plat showing plat note #2 modified to read
"The interior side yard lot line should have a five-foot (5') wide easement for public utilities,
property drainage, and pressurized irrigation with the exception of Lot 18 and Lot 19, Block 1,
which said side lot easement located at the north property line of each respective lot should have a
12-foot wide utility easement to accommodate the central sewer line and the central water line.
The revised preliminary plat should be provided prior to the submittal of a design review
application."
• Plat note #7 of the preliminary plat date stamped by the City on September 12, 2012, indicates
that, "Vehicular access to lots along N. Linder Road and W. Floating Feather Road is prohibited
unless specifically allowed by the Ada County Highway District and Ada County." It is unclear as
to why Ada County would be required to approve any new access points to this subdivision since
upon annexation and rezone of the property Ada County would not have jurisdictional authority to
provide approval of new access points once the property is located within the municipal
boundaries of the City of Eagle. The applicant should provide a revised preliminary plat with plat
note #7 revised to read, "Vehicular access to lots along N. Linder Road and W. Floating Feather
Road is prohibited unless specifically allowed by the Ada County Highway District and the City of
Eagle." The revised preliminary plat should be provided prior to the submittal of a design review
application.
• Plat note #10 of the preliminary plat date stamped by the City on September 12, 2012, indicates
that, "All rear yard lot lines shall have a twelve (12) foot utility easement." The applicant should
provide a revised preliminary plat with plat note #10, revised to read, "All rear lot lines shall have
a 12-foot wide public utilities, property drainage, and pressurized irrigation easement." The
revised preliminary plat should be provided prior to the submittal of a design review application."
• The preliminary plat date stamped by the City on September 12, 2012, shows Lot 3, Block 5, to be
a "Buildable with non-build agreement". This lot is also located adjacent to North Champions
Way. The preliminary plat also shows a common lot located between Lot 3, Block 5, and North
Champions Way. The applicant should provide a revised preliminary plat with a new plat note
#11, that reads, "Vehicular access to Lot 3, Block 5, along N. Champions Way is prohibited unless
specifically allowed by the Ada County Highway District and the City of Eagle." The revised
preliminary plat should be provided prior to the submittal of a design review application.
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• The preliminary plat and the Site Plan 1.0, date stamped by the City on September 12, 2012,
shows a five-foot (5') wide pedestrian walkway or sidewalk located adjacent to West Floating
Feather Road and North Linder Road. Pursuant to Eagle City Code pathways adjacent to major
roadways shall be a minimum of ten feet(10')wide and shall be located within a twenty foot(20')
wide pedestrian access easement. The applicant should provide a revised preliminary plat and Site
Plan 1.0 showing a ten foot (10') wide pedestrian pathway located within the common lot located
adjacent to the road right-of-way of West Floating Feather Road and North Linder Road. The
revised preliminary plat shall be provided prior to the submittal of a design review application.
• The applicant provided a preliminary plat, date stamped by the City on September 12, 2012,
showing three (3) separate phases for development. Although the applicant has provided a plat
showing a phasing plan the applicant has not provided a proposed schedule for development of the
site pursuant to Eagle City Code. The applicant should provide a schedule indicating the
timeframe for the development of the site prior to the submittal of a design review application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested annexation,
rezone with development agreement, conditional use permit, preliminary development plan, and
preliminary plat for Lanewood Planned Unit Development with conditions to be placed within a
development agreement and subdivision site specific conditions of approval and standard
conditions of approval, all as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
1, 2012, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one(other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor nor in opposition of this proposal was presented by one (1) individual
regarding the requirement and style of fencing.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The development is in conformance with the Comprehensive Plan based on the proposed
density.
• The common lots provided for buffering adjacent to North Linder Road and West Floating
Feather Road should be permitted at the widths shown on the preliminary plat.
• The applicant should be permitted to utilize trees within the development that are less than
three inch (3")caliper.
• The internal pathways located within the development may be six feet(6') in width.
• The proposed side setbacks should be permitted as proposed by the applicant.
• The applicant should be permitted to have a two year timeframe between the time a phase
of the development is completed and the submittal of a final plat application for a
subsequent phase.
• The Buildable with Non-Build Agreement lots should be maintained as open space until
such time the adjacent property located to the west is developed. At that time the
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Buildable with Non-Build Agreement lots may be developed provided that the open space
to be provided for the overall development is in conformance with Eagle City Code.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 4 to 0 (Villegas absent)to recommend approval of A-03-12 and RZ-03-12
for a rezone from RUT(Rural-Urban Transition—Ada County designation)to R-3-DA-P(Residential
up to three units per acre with a development agreement—PUD)for SCS Kimberland, LLC, with the
following staff recommended conditions to be placed within a development agreement with
underline text to be added by the Commission: to read as follows:
3.1 The maximum density for the Property shall be 1.98 dwelling units per acre(80 single-
family lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding design
review, preliminary and final plat reviews, and/or any conditional use permits, if applicable,
and any other applicable applications as may be required by the Eagle City Code, which
shall comply with the Eagle City Code, as it exists at the time such applications are made
except as otherwise provided within this Agreement.
3.3 The Concept Plan(Exhibit`B")represents the Owner's current concept for completion of
the project. As the Concept Plan evolves,the City understands and agrees that certain
changes in that concept may occur. If the City determines that any such changes require
additional public comment due to potential impacts on surrounding property or the
community, a public hearing shall be held on any proposed changes in the Concept Plan,
notice shall be provided as may be required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the
following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, and amenities.
(b) A requirement for all fencing located adjacent to open space to be open-style such as
wrought iron, extruded aluminum(looks identical to wrought iron), or three-rail-type
wooden decorative fencing. All other fencing(ie. cedar fencing, vinyl, chainlink)shall
be prohibited.
3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit`B".
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&R's. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will
not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to
deny, at its discretion, any building permit application that does not substantially conform to
the design requirements as shown on the Exhibit "B". If a building permit is denied, the
applicant shall have the right to appeal the decision to the Eagle City Council in accordance
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with Eagle City Code Section 8-7-4-1.
3.6 The Buildable with Non-Build Agreement lots(Lot 5, Block 4 and Lot 3, Block 5)as shown
on the preliminary plat date stamped by the City on September 12, 2012, shall be maintained
as common open space lots until such time that the adjacent property located to the east of
this site is developed. Owner shall be responsible for maintaining Lot 5, Block 4, and Lot 3,
Block 5, in a competent and attractive manner, including the watering, mowing, fertilizing
of any landscaping that may be placed on the site. Upon development of the adjacent
property located to the west of this site the overall open space percentage provided shall be
in conformance with Eagle City Code.
3.7 Final plat applications submitted in compliance with the approved preliminary plat phasing
plan shall be submitted in an orderly and reasonable manner in intervals not to exceed two
(2) years following the recordation of the preceding final plat. (Such final plat applications
shall be considered for final approval without resubmission of the preliminary plat for
approval). Any final plat shall be recorded within two (2) years following Eagle City
Council action on the final plat; provided however, Eagle City Council may approve the
extension of such two (2) year period, which approval shall not be unreasonably withheld,
for a period of time not to exceed two (2)years to facilitate the completion of improvements
required by the applicable sections of Eagle City Code. As part of its consideration to
extend the time frame in this Section, Eagle City Council may require applicant to adhere to
subdivision ordinances and resolutions in effect at the time the extension is requested.
COMMISSION DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT:
The Commission voted 3 to 1 (Aizpitarte against*, Villegas absent) to recommend approval of the
Lanewood Planned Unit Development (CU-03-12/PPUD-01-12/PP-03-12) for SCS Kimberland,
LLC, with the following staff recommended site specific and standard conditions of approval with
strike through text to the deleted by the Commission and underline text to be added by the
Commission:
DISSENTING OPINION:
Commissioner Aizpitarte voted against the recommendation stating that the sidewalks located
adjacent to North Linder Road and West Floating Feather Road should be a minimum of ten feet
(10') in width as required pursuant to Eagle City Code and that he does not agree with the
Commission's recommendation to reduce those sidewalks to six feet (6') in width. Commissioner
Aizpitarte also stated that if the aforementioned sidewalks were required to be a minimum of ten
feet(10') in width that he would be in favor of the proposed development.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-03-
12.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all outstanding Engineering and Legal fees
incurred by the City in obtaining a review of this project upon receipt of an invoice(s) by the
City. (ECC 9-2-3 [C] [3] [1])
4. The applicant shall submit a design review application showing: 1) proposed subdivision
signage, 2) planting details within the proposed and required landscape islands and knuckles
and all common areas throughout the subdivision 3) building elevations for all proposed
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common area structures and irrigation pump house 4) landscape screening details of the
irrigation pump house, 5) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities. The design review application shall
be reviewed and approved by the Design Review Board prior to the submittal of a final plat
application. (ECC 8-2A-1)
5. The developer shall provide shade class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot on the side lot lines, or as approved
by the Design Review Board and within five-feet(5') of the edge of the roadway. Prior to the
City Clerk signing the final plat, the applicant shall either install the required trees, sod, and
irrigation or provide the City with a letter of credit for 150% of the cost of the installation of
all landscape and irrigation improvements within landscape strips. Trees shall be installed
prior to obtaining any occupancy permits for the homes. A temporary occupancy may be
issued if weather does not permit landscaping. (ECC 8-2A-7[E] and ECC 8-2A-18)
6. The applicant shall provide a revised preliminary plat showing two(2)residential lots removed
from the plat prior to the submittal of a final plat application.
7. The applicant shall provide a revised preliminary plat showing Lot 7, Block 1, modified to
show 35 feet of street frontage and a 75 foot wide minimum lot width. The revised
8-2-4) •8. _ ... '-.. - •- • - • _. _ •..• . . . .- - " .•located adjacent to the future right of way lot located at the eastern boundary of the
subdivision. The revised preliminary plat shall show a 50 foot wide buffer area located
(ECC 8 2A 7 [J][1][b c]) The applicant shall submit a design review and alternative method
of compliance applications to address the required landscape/screening buffers to be located
adjacent to North Linder Road and West Floating Feather Road. The design review
application shall be reviewed and approved by the Design Review Board prior to the submittal
of a final plat application.
9. The applicant shall provide a revised preliminary plat showing a minimum total of 20% open
space, the open space total shall exclude any future right-of-way lots. The revised preliminary
plat shall be provided prior to the submittal of a design review application. (ECC 8-6-5-5[A])
10. All internal pathways shall be a minimum of eight six feet(S6') in width. (ECC 9-4-1-6
[D][1])
11. The applicant shall provide a revised Site Plan L1.0, showing all fencing located adjacent to a
common area to be open style fencing, prior to the submittal of a design review application.
(ECC 9-3-10, 9-4-1-6 [D][6][a], and 9-5-4-2[H])
12. The applicant shall provide a revised preliminary showing plat note #2 revised to read "The
interior side yard lot line shall have a five-foot(5') wide easement for public utilities, property
drainage, and pressurized irrigation with the exception of Lot 18 and Lot 19, Block 1, which
said side lot easement located at the north property line of each respective lot shall have a 12-
foot wide utility easement to accommodate the central sewer line and the central water line."
The revised preliminary plat shall be provided prior to the submittal of a design review
application. (ECC 9-3-6)
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13. The applicant shall provide a revised preliminary plat with plat note #7 revised to read,
"Vehicular access to lots along N. Linder Road and W. Floating Feather Road is prohibited
unless specifically allowed by the Ada County Highway District and the City of Eagle." The
revised preliminary plat shall be provided prior to the submittal of a design review application.
(ECC 9-4-1-2)
14. The applicant shall provide a revised preliminary plat with plat note #10, revised to read, "All
rear lot lines shall have a 12-foot wide public utilities, property drainage, and pressurized
irrigation easement." The revised preliminary plat shall be provided prior the submittal of a
design review application."(ECC 9-3-6)
15. The applicant shall provide a revised preliminary plat with a new plat note #11, revised to
read, "Vehicular access to Lot 3, Block 5, along N. Champions Way is prohibited unless
specifically allowed by the Ada County Highway District and the City of Eagle." The revised
preliminary plat shall be provided prior to the submittal of a design review application. (ECC
9-4-1-2)
16. A note shall be placed on the final plat indicating that the side setback(that side adjacent to
the pathway)for lots adjacent to interior pathways shall be 15-feet minimum from the paved
edge of the adjacent pathway. (ECC 9-4-1-6[D][3])
17. The single-family dwellings shall be constructed in substantial conformance with the
architectural styles shown on the Lanewood Subdivision P.U.D. Site Plan S1.0, date stamped
by the City on September 12, 2012. (ECC 8-6-5-5 [A][2][c])
18. The applicant shall provide a revised Site Plan S1.0 showing the pedestrian pathway located
on Lot 1, Block 2 and Lot 21, Block 2, to be a minimum of eight-feet(8') in width prior to the
submittal of a design review application. (ECC 9-4-1-6 [D][1])
19. The applicant shall provide a revised preliminary plat and Site Plan 1.0, showing a tell six foot
446') wide pedestrian pathway located within the common lot located adjacent to the road
right-of-way of West Floating Feather Road and North Linder Road. The revised preliminary
plat shall be provided prior to the submittal of a design review application. (ECC 9-4-1-
6[B][2][a] and 9-4-1-6[D][1])
20. The required setbacks shall be as follows:
Setbacks: Lots>12,000 square feet Lots< 12,000 square feet.
Front 3& 25' (measured from
property line)
Rear 25'
Interior Side 7.5' (two story 12.5') 5'(per story)
Street Side 20'
Maximum Coverage 4944 40%
21. The applicant shall provide a license agreement from ACHD approving the landscaping
located within the public rights-of-way abutting and within this site prior to approval of a final
plat. (ECC 9-4-1-2)
22. The entire Lanewood Planned Unit Development shall remain under the control of one
Homeowner's Association. (ECC 9-3-8[D][4])
23. The architectural styles provided by the applicant shall be the required architectural styles for
the development. Photo examples of the above descriptive language, are attached as Exhibit
"B" of the development agreement are incorporated herein by reference. To assure compliance
with this condition, the applicant shall create an architectural control committee (ACC) as a
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component of the subdivision CC&R's. Provisions regarding the creation and operating
procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved
by the City attorney prior to the approval of the final plat application for phase one. (ECC 9-5-
4-2)
24. The submittal of the building permit application to the City for each home within the
development shall be accompanied by an approval letter from the Architectural Control
Committee (ACC). Building permits applications that do not have an approval letter attached
will not be accepted.
25. To assure compliance with the PUD conditions of approval herein, the City reserves the right
to deny, at its discretion, any building permit application that does not meet the architectural
requirements and as required in site specific condition of approval#23 above of the PUD.
26. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat
application indicating that the Lanewood Homeowner's Association is responsible for all
maintenance of the common landscape areas in the subdivision. The CC&Rs for the
Lanewood Homeowner's Association shall provide that the association shall have the duty to
maintain and operate all of the common landscape areas in the subdivision in a competent and
attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees,
in accordance with Eagle City Code, in perpetuity. (ECC 9-3-8[D][4])
27. The applicant shall provide a schedule indicating the timeframe for the development of the site
prior to the submittal of a design review application. (ECC 8-6-6-2[A])
28. Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This Street is to be extended in the future."(ECC 9-4-1-2)
29. Comply with the requirements of all drainage and irrigation districts.
30. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of
the site shall be submitted prior to the issuance of any building permits for the site.
31. The applicant shall install at the entrances to the Lanewood Planned Unit Development 4' x 4'
plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the
signs being a minimum of 3-feet above the ground) noticing the contractors to clean up daily,
no loud music, and no dogs off leash. The signs shall be installed prior to the issuance of any
building permits.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
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4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch,pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company,ditch association,drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting,covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting,piping, covering or
otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and(3)satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
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or other irrigation entity associated with such ditch,pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way,prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
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19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable)prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Codo, failure to obtain a recorded final plat for the subdivision
unless a time extension is granted by the City Council.
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31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, Wednesday, June
13, 2012, in compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received for this item by the City of Eagle on July 27, 2012.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on September 14,2012, in the Idaho Statesman and on September 17, 2012, in the Valley Times.
Notice of this public hearing was mailed to property owners within three-hundred feet(300-feet)of the
subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on September 11, 2012. Requests for agencies' reviews were transmitted on July 31, 2012
in accordance with the requirements of the Eagle City Code. The site was posted in accordance with
the Eagle City Code on September 14, 2012.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone with a
development agreement (RZ-03-12) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
applications are in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R-3-DA-P (Residential up to three units per acre with a
development agreement—PUD)complies with the Residential Two designation as shown on the
Comprehensive Plan land Use Map since the applicant is not proposing more than two units
per acre; and
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are required to be provided,
to serve a single-family dwelling residential subdivision on this property under the proposed
zone;
c. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement—
PUD) zoning district is compatible with the RUT (Rural-Urban Transitional — Ada County
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designation) zone and land use to the north since this area is designated Residential Two in the
Comprehensive Plan and could be developed in the same manner as the proposed
development; and
d. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement—
PUD)zoning district is compatible with the R-2-DA-P (Residential up to two units per acre with
a development agreement—PUD)zone and land use to the south since this area is designated as
Residential Two in the Comprehensive Plan and is developed in the same manner as the
proposed development; and
e. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement—
PUD) zoning district is compatible with RUT (Rural-Urban Transition - Ada County
designation) zone and land uses to the east since this area is designated Residential Two in the
Comprehensive Plan and could be developed in the same manner as the proposed
development; and
f. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement—
PUD) zoning district RUT (Rural-Urban Transition - Ada County designation) zone and land
use to the west since this area is designated Residential Two in the Comprehensive Plan and
could be developed in the same manner as the proposed development; and
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Commission reviewed the particular facts and circumstances of this proposed rezone, conditional
use permit, preliminary development plan, and preliminary plat (CU-03-12/PPUD-01-12/PP-O1-12)
and based upon the information provided concludes that the proposed development is in accordance
with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
The intent of The Lanewood PUD is to provide a development with a transition of lot sizes,
and a variety of single housing types; and
b. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
The Lanewood PUD is designed to not exceed the total allowed density of Residential Two (
up to two (2)units per acre) in the overall development. The proposed development provides a
variety of lot sizes and housing types to blend in with the adjacent development and future
development; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
The development will have access to Floating Feather Road through a collector street. The site
will be served by central water and sewer; and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
No major impacts are expected as this development should only develop normal traffic
patterns that would be related to a residential subdivision development. The proposed
dwelling units on the site will be compatible with existing residential units in the area; and
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e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are available to be extended to the site, as noted within the letters provided
by the agencies having jurisdiction over the site. Development of sewer, water, drainage,
streets and other urban services will be provided at the developer's expense.
f. That the development will not create excessive additional requirements at public cost for
public facilities and services.
All public facilities and services are supplied by the developer and must be approved at the
time of installation and before acceptance by the sewer,water or highway district.
g. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
The development plan was designed with consideration given to usable open space and
pedestrian pathways.
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will include stub streets to the adjacent parcels which will provide intra-
neighborhood connectivity upon development of the adjacent properties. Access to the
development will be from West Floating Feather Road. The design and construction of the
roadways and entrances is guided by the Ada County Highway District.
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No natural, scenic, or historic features of major importance are known to exist on the site.
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development fits well with the Comprehensive Plan since the Plan calls for
Residential Two(up to two(2)units per acre)and will provide a variety of housing types to
accommodate residents with varying lifestyle needs.
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This application requests approval for a preliminary development plan and conditional use
permit as outlined in Eagle City Code and satisfies those requirements as well as will be
required to meet the conditions herein. In addition,the developer will be required to submit
an application for design review and comply with all Eagle City Codes and conditions of
approval of the design review.
That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Residential is the only use approved for this development.
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In case of large—scale PUDs (incorporating fifty (50) or more lots or dwelling units):
m. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation,maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Eagle Fire District and the District
has a fire station located less than a mile from the development.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is certificated by United Water Company of Idaho.
The water infrastructure will be constructed at the developer's expense.
Sewer
The project is located within the boundaries of the Eagle Sewer District. Prior to the developer
installing the required sewer the developer will be required to comply with the District
requirements.
Road Construction
The construction of all roads within the development will be completed by the developer.
Upon completion,the roads will be dedicated to the Ada County Highway District.
Parks and Open Space
The development will contain over 20% of passive and active open space providing the
residents a variety of recreation options from which to choose. A pathway will provide
residents a safe and efficient way to move through the development. The project will also
generate park impact fees to be utilized for the creation of additional parks or add new
equipment to existing parks within the City of Eagle.
Maintenance
The maintenance of any private open space areas will be regulated by The Lanewood Home
Owner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
The Lanewood Planned Unit Development is located within the Joint School District No. 2
district boundaries. Elementary age children will be required to attend Star Elementary School.
Eagle Middle School and Eagle High School will provide the secondary education needs for
the children within the development. Galileo Magnet School and North Star Charter School
are located less than a mile from the proposed development. Joint School District No. 2 has
also acquired land west of Highway 16. The site west of Highway 16 is sized to accommodate
a future elementary, middle, and high school.
Solid Waste Collection
Solid waste collection is provided by Republic Services through a contract with the City of
Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
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The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of
the developer as conditioned within the approval.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build-out is
$20,000/annually.
p. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial
stages of development the public service providers avoid potential liability and expenses.
DATED this 15th day of October, 2012
PLA P. ''G A► D ZON ' •t ISSION
• THE CI OFEAG
Ada C unty Idaho /
./t , 70:777.1
i 'ctor Villegas, Chairm;.'
AT •EST: / \(
/'/ C` '•• •
•
aron K.4 c.rgmann,Eagle City 'rerk J: o .° t O
#''•.,STATEvs
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